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Bombay High Court

ROVINA SHELDON REMEDIUS AND ANRversusTHE STATE OF MAHARASHTRA AND ANR

Decided
Disposal
Allowed

Holding

The Court held that anticipatory bail must be granted because the FIR and witness statements do not specifically charge the appellants, and the statutory bar under Sections 18 and 18‑A of the SC/ST Act does not apply.

Summary

The appellants, Rovina Sheldon Remedius and Sheldon Desmond Remedius, filed an anticipatory bail application under Section 14A of the SC/ST (Prevention of Atrocities) Act after being implicated in a murder case (Crime No. 153 of 2025) arising from a property dispute. The FIR lodged by the deceased's wife did not name the appellants, and the eye‑witness statements did not attribute any overt act to them, leading the appellants to argue there was no basis for arrest. The State contended that the appellants were present at the scene, that witnesses implicated them, and that the bar under Sections 18 and 18‑A of the SC/ST Act precluded anticipatory bail. The trial judge had rejected the bail application, but on appeal the High Court examined whether the statutory bar applied given the lack of specific allegations against the appellants. Finding that the FIR and statements did not specifically charge the appellants and that the bar could not be invoked, the Court allowed the appeal, set aside the lower court’s order, and granted anticipatory bail subject to conditions.

Issues considered

  • Whether the bar under Sections 18 and 18-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 applies to deny anticipatory bail.
  • Whether the appellants can be granted anticipatory bail when the FIR and witness statements do not specifically allege their participation.
  • Whether the nature of the alleged offences under the Bharatiya Nyaya Sanhita warrants denial of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act
  • murder
  • property dispute
  • section 18 bar
  • Bharatiya Nyaya Sanhita
  • criminal procedure

Judgment

                                                               18-apeal-711-2026.doc


          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CRIMINAL APPELLATE JURISDICTION

                    CRIMINAL APPEAL NO. 711 OF 2026

1. Rovina Sheldon Remedius
2. Sheldon Desmond Remedius                         …Appellants

        V/s.

The State of Maharashtra & Anr.                     ...Respondents


Mr. Chaitanya Pendse a/w Mr. Pavan Patil, Mr. Amit Mane, Mr.
Atharva Jagtap & Mr. Soham Badole, Advocate for the Appellants.
Ms. Rutuja Ambekar, APP for the Respondent/State.
Mr. Praful A. Salvi, a/w Mr. Vighnesh Kadam, Mr. Sarthak Kadam,
Mr. Nitin Salvi, i/b Mr. Vicky Salve, Advocate for the Respondent
No.2.


                                  CORAM         :   N.R. BORKAR, J.
                                  DATE          :   08.09.2026.

P.C. :

1.                This appeal filed under Section 14A of the Scheduled

Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989,

takes exception to the order dated 09.07.2026 passed by the

Additional Sessions Judge, City Civil and Sessions Court, Borivali

Division,         Dindoshi,   Goregaon,   Mumbai     in   Anticipatory       Bail

Application No. 742 of 2026.



2.                By the impugned order, the learned Additional Sessions
Pramod S.Lakare
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Judge has rejected the application for anticipatory bail filed by the

present appellants, who are apprehending their arrest in Crime No.

153 of 2025 registered at Gorai Police Station, for the offences

punishable under Sections 103(1), 351(3), 352, 189(2), 190 &

191(3) of the Bharatiya Nyaya Sanhita and Sections 3(1)(r) & 3(1)

(s) of the Scheduled Castes and Scheduled Tribes (Prevention of

Atrocities) Act, 1989.


3.                There was a property dispute between the deceased

and the family members of the present appellants. It is alleged

that on account of said property dispute, on the date of the

incident, which took place on 12.12.2025, the present appellants

and other co-accused formed an unlawful assembly and assaulted

the deceased by knife and committed his murder. It is further

alleged that the deceased and his family members, who belong to

Scheduled Tribe, with a view to humiliate them were abused by

the appellants on their caste.



4.                I have heard the learned counsel for the appellants, the

learned APP for the respondent/State and the learned counsel for

the respondent No.2.

Pramod S.Lakare
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5.                The learned counsel for the appellants submits that the

appellants have nothing to do with the alleged crime. It is

submitted that in the first information report lodged by the wife of

the deceased who is also an eye witness to the incident, nothing is

alleged against the present appellants. It is submitted that even in

the statements of the eye witnesses, no specific overt act is

attributed to the present appellants. It is submitted that the first

informant in her supplementary statement dated 24.12.2025 with

some ulterior motive for the first time had made afterthought

allegations against the present appellants that they abused her

and the deceased in filthy language. It is submitted that nothing is

to be recovered at the instance of the appellants, and therefore,

there is no need of custodial interrogation. It is submitted that

there are no other criminal antecedents against the appellants.


6.                On the other hand, the learned APP for the respondent-

State and the learned counsel for respondent No.2 submit that the

appellants are involved in the serious offence of murder. It is

submitted that the present appellants were present at the place of

the incident and there are statements of eye-witnesses to that

effect. It is submitted that, considering the nature of the crime and

Pramod S.Lakare
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in view of the bar contained under Sections 18 and 18-A of the SC

& ST Act, the present appellants may not be released on

anticipatory bail.



7.                 I     have    perused    the      charge-sheet.    In    the      first

information report lodged by the wife of the deceased, who is an

eye-witness to the incident, nothing is alleged against the present

appellants. The eye witnesses have not attributed any overt-act to

the present appellants. The possibility of making afterthought

allegations against the appellant therefore, cannot be ruled out.

Considering the overall facts and circumstances, I am inclined to

release the appellants on anticipatory bail. In the result, the

following order is passed.



                                           ORDER

                  i)       The appeal is allowed.


                  ii)      The order impugned is set aside.


                  iii)     In the event of arrest of the appellants in
                  connection with Crime No. 153 of 2025 registered
                  at     Gorai    Police   Station,     for   the    offences
                  punishable under Sections 103(1), 351(3), 352,
Pramod S.Lakare
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                  189(2), 190 & 191(3) of the Bharatiya Nyaya
                  Sanhita and Sections 3(1)(r) & 3(1)(s) of the
                  Scheduled      Castes      and      Scheduled        Tribes
                  (Prevention     of    Atrocities)    Act,    1989,       the
                  appellants be released on bail on furnishing P.R.
                  Bond in the sum of Rs. 25,000/- each with one or
                  two sureties in the like amount.

                  iv)   The appellants shall not enter into the
                  jurisdiction   of    the   Gorai    Police   Station      till
                  conclusion of the trial.

                  v)    The appellants shall not tamper with the
                  prosecution evidence.


8.                 The appeal is disposed of in the aforesaid terms.




                                                          [N.R.BORKAR, J.]




Pramod S.Lakare
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